Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: FRED ZUCKERMAN,                  )           Protest Decision 2015 ESD 52

                                                                        )           Issued: November 24, 2015

            Protestor.                                           )           OES Case No. P-062-102015-MW   

____________________________________)

            Fred Zuckerman, member and principal officer of Local Union 89 and candidate for International office on the Teamsters United slate, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that Mike Philbeck, principal officer of Local Union 651, improperly failed to comply with the remedy ordered in Zuckerman, 2015 ESD 36 (October 13, 2015).

            Election Supervisor representative Joe Childers investigated this protest.

Findings of Fact and Analysis

            In Zuckerman, supra, we found that Philbeck impermissibly interfered with Zuckerman’s right under the Rules to campaign for International office in the parking lot of Local Union 651 by summoning local law enforcement to have him removed.  As remedy for this violation, we ordered Philbeck and Local Union 651 to cease and desist from interfering with members’ campaign rights generally and their parking lot access rights in particular, and, further, to post a notice attached to that decision on all union worksite bulletin boards under Local Union 651’s jurisdiction.  The local union was directed to post the notice within three days of receipt of that decision and to maintain that posting through November 30, 2015.

            The protest in this case alleged that the posting was not completed timely.

            Investigation showed that the decision was issued by email after regular business hours on October 14, 2015, and Philbeck received it the next day, Thursday, October 15.  The local union accomplishes postings on its worksite bulletin boards by mailing the postings to its chief stewards.  The mailing of the notice ordered in Zuckerman was completed on Friday, October 16, when the envelopes containing the notices were deposited in a US Mail dropbox.  Some chief stewards received the notices and posted them as early as Monday, October 19, while most received them the following day.  Some received the notices after October 20 but posted them promptly upon receipt.  Our investigation found no instance in which notices were received and posted after Thursday, October 22.

            On these facts, we conclude that Local Union 651 acted promptly and with diligence in disseminating the notices to the chief stewards across its jurisdiction using its usual method of distribution.  Accordingly, it has either complied or substantially complied with the notice posting required in Zuckerman.  For these reasons, we DENY this protest.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision.  The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Supervisor in any such appeal.  Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:

Kathleen A. Roberts

Election Appeals Master

JAMS

620 Eighth Avenue, 34^th floor

New York, NY 10018

kroberts@jamsadr.com

Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1050 17^th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.

                                                                        Richard W. Mark

                                                                        Election Supervisor

cc:        Kathleen A. Roberts

            2015 ESD 52 

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